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2000 Consumer Electronics Show

READ ALL ABOUT IT!



PAGE 2

FCC Issues Queries on Superstation Blackout, Non-duplication Rules
The FCC yesterday asked for comment on how it should apply syndicated exclusivity, network non-duplication protection, and sports blackout rules to national superstation and distant network signals delivered by satellite TV services. At issue is how broadcasters will be able to demand satellite TV services black out programming on superstations to protect their copyrights. The commission’s notice of proposed rulemaking is the first step in what could be a complicated and contentious proceeding, one which many satellite TV hands think could put the future of satellite TV’s long-time carriage of national superstations at stake. In the recently enacted satellite TV act, Congress ordered the commission to write the rules “as similar as possible” to current cable rules, but many in the satellite TV industry have argued cable-like rules could put an end to some, if not all, superstations on satellite TV. Requiring satellite TV services to black out some programming on a market-by-market, station-by-station basis to comply with cable-like rules could prove too costly to make retransmitting the superstations worthwhile, they have said. In addition, the commission also asked if it should write similar rules to protect broadcasters’ digital signals. The commission also asked whether sports blackout protections should apply to all broadcast stations, as per the cable version of the rules. The act mentions only distant network signals, but the commission contended Congress’ meaning was unclear. Also unclear is what kind of programming satellite TV services could use to fill gaps in their schedules created by programming blackouts, the commission said. The FCC asked for comment on how retransmission consent agreements and copyright protections could impact that issue. Despite their absence from the act, the FCC also raised questions about whether it should adopt additional protections for regionally distributed sports programming. The FCC asked specifically whether the cable rules leave unprotected the NFL’s rights to games broadcasted in the region of, but not within, a given game’s market. The FCC also asked whether the satellite rules should mimic the zones of protection used to determine which cable TV subscribers cannot see a given program, and how much notice must be given before programming is blacked out.

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